holding that the trial court erred by admitting impeachment evidence of a witness’ prior theft arrest, but that the error was harmless
How later courts described this case
- holding that the trial court erred by admitting impeachment evidence of a witness’ prior theft arrest, but that the error was harmless
- recognizing that “numerous cases” have held that admission into an ARD program is not a conviction that may be used for impeachment
- recognizing that when dealing with statutory mandate, such as section 3731(e)(2), acceptance of ARD is considered a conviction
Written by the judges who cited it.
The opinion
WIEAND, Judge,
concurring and dissenting.
I agree with the majority that the trial court erred by allowing appellant to be impeached with his prior admission into an Accelerated Rehabilitative Program (ARD) following *359 an arrest for theft. However, I cannot agree that this error was harmless beyond a reasonable doubt. Accordingly, I would reverse the judgment of sentence and remand for a new trial.